The Unitary Business Theory and New Limits on Taxing Nonresident Sole Proprietor

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The Unitary Business Theory and New Limits on Taxing Nonresident Sole Proprietor
About the Program

The Franchise Tax Board has pushed hard to tax nonresidents on amounts the FTB claims is California source income, often arguing their sole proprietorships qualify as unitary businesses subject to apportionment. On May 1, 2026, the California Court of Appeal rejected that theory in Garcia-Rojas v. Franchise Tax Board, holding that a single person engaged in one business activity cannot operate a unitary business. The decision dismantles the reasoning behind the OTA’s ruling in Appeal of Bindley and narrows the reach of the unitary business doctrine. The article breaks down the court’s analysis, what it means for nonresident taxpayers, how it may support claims for refund and be used as a defense to claims a nonresident owes California income tax.

Speaker(s)
Robert Horwitz

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Hochman Salkin Toscher Perez P.C.

Robert Horwitz is an attorney at Hochman Salkin Toscher Perez P.C. has over 35 years of experience as a tax attorney specializing in the representation of clients in civil and criminal tax cases, including civil audits and appeals, tax collection matters, criminal investigations, administrative hearings and in civil and criminal trials and appeals in federal and state courts. He has served as a member of the Executive Committee of the Taxation Section of the State Bar of California and was Chair of the Taxation Section for 2015-2016 years.  He was previously Chair of the Tax Procedure and Litigation Committee of the State Bar Taxation Section.

Prior to joining Hochman Salkin Toscher Perez P.C., Mr. Horwitz was with a boutique tax controversy firm in Orange County, where he represented clients in civil and criminal tax cases in the U.S. Courts of Appeal, U.S. district courts, California superior courts, and before the Internal Revenue Service, the California Franchise Tax Board, the Board of Equalization, the Employment Development Department and the Unemployment Insurance Appeals Board.

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Accreditation
Credit Hours:
0.50
Specialty Area:
Taxation Law
Credit Type:
General
Original Air Date:
June 22, 2026
Accredited in:
California
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